DUI Checkpoints

Driving under the influence (DUI) checkpoints are legal roadblocks where law enforcement agencies stop drivers to check for signs of impairment. The U.S. Supreme Court ruled that this type of checkpoint is constitutional for public safety reasons. However, in some places, they are prohibited under state law.

Whether it’s New Year’s Eve or a random Saturday night, there are times when local police are on high alert to catch drunk drivers. One way that law enforcement agencies do this is via DUI checkpoints. These temporary roadblocks allow officers to assess any driver who passes through for signs of intoxication.

DUI checkpoints often raise questions around constitutional rights. After all, don’t police need reasonable suspicion to conduct a DUI stop? Is it really legal to stop every driver at a checkpoint without a warrant or evidence of drunk driving?

In general, DUI checkpoints are legal in the United States. But state laws differ on when they can be used, if at all.

In this article, we’ll explain the legality of DUI checkpoints and your rights if you encounter one. If a police officer stopped you at a DUI checkpoint or you are facing DUI-related charges, contact a DUI attorney. They can help examine the legality of your traffic stop and defend against these charges.

Let’s start with what DUI checkpoints are and how they differ from other traffic stops.

What Are DUI Checkpoints?

DUI checkpoints, also known as roadside safety checks, are temporary roadblocks set up by law enforcement officers. They allow officers to assess drivers for signs of impairment or intoxication.

Officers may stop every vehicle or make stops periodically, such as every five vehicles. However, they must have a neutral method of choosing which cars they stop. They cannot stop drivers based on their age, ethnicity, or the make/model of their car.

Often, police officers set up these checkpoints along the highways during busy times or during holidays notorious for drinking, such as the Fourth of July and Memorial Day.

At DUI checkpoints, officers stop random vehicles and check for signs of intoxication or impairment. This is different from the increased police presence you might see on the highways on a holiday weekend, known as saturation patrols.

How DUI Checkpoints Differ from Saturation Patrols

DUI checkpoints differ from increased patrols during holidays or seasonally, usually called”saturation patrols.”While both law enforcement strategies aim to reduce drunk driving during high-risk periods, their approaches are different.

DUI checkpoints use:

• Fixed locations with visible roadblocks

• Systematic stopping of vehicles at predetermined intervals

• Officers who remain stationary at designated locations

Initial stops at a DUI checkpoint do not require reasonable suspicion or probable cause. Checkpoint locations are also usually announced to the public in advance.

Saturation patrols are characterized by:

• Mobile enforcement with increased officer presence in target areas

• Officers patrolling specific areas, looking for traffic violations or signs of impairment

• Officers actively move throughout patrol areas rather than staying in one location

Like other traffic stops, police must have a reasonable suspicion that a crime is being committed to pull someone over during saturation patrols.

The key distinction is that checkpoints allow police to stop drivers systematically without observing suspicious behavior. Meanwhile, saturation patrols still require officers to witness traffic violations or signs of impairment before initiating stops.

Are DUI Checkpoints Legal?

Yes, in general, DUI checkpoints are legal. In 1990, the United States Supreme Court ruled in Michigan Department of State Police v. Sitz that states have a compelling interest in eradicating drunk driving and that public safety concerns outweigh any concerns about intrusion into drivers’ privacy rights.

The challengers in the case before the U.S. Supreme Court claimed the checkpoints were unreasonable searches under the Fourth Amendment.

But the Court found the searches reasonable under the circumstances.

However, there are limits on when, where, and why authorities may stop motorists at designated roadblocks and checkpoints. The checkpoint must be reasonable and necessary to address public safety or national security concerns.

Besides DUI checkpoints, the most common example of this is border checkpoints. Near international borders, border protection officers can set up a checkpoint and conduct traffic stops to prevent human trafficking, drug trafficking, and entry by undocumented immigrants.

So, DUI checkpoints are legal at the federal level. However, states can decide whether to allow police to use them.

Sobriety Checkpoints and State Laws

Although the Supreme Court has held that states can use them, DUI checkpoints are prohibited under some state laws. Other states simply choose not to use them, without making them outright illegal. Or local courts may have found that sobriety checkpoints violate the state’s constitution.

Twelve states do not use DUI checkpoints:

• Alaska 
• Idaho
• Iowa
• Michigan
• Minnesota 
• Montana 
• Oregon 
• Rhode Island
• Texas 
• Washington
• Wisconsin
• Wyoming 

In these states, police can’t subject drivers to random stops via a DUI checkpoint.

What Happens at a DUI Checkpoint?

A DUI checkpoint stop is usually very brief. The officer will ask for your license, vehicle registration, and proof of insurance. While they interact with you, they’ll look for signs of intoxication or impaired driving, including:

• Slurred speech
• Bloodshot or glassy eyes
• The smell of alcohol or marijuana
• Visible open containers
• Impaired motor skills, like trouble rolling down a window or handing over a driver’s license and proof of insurance
• Erratic driving

If any of these signs are present, an officer may administer field sobriety or breathalyzer tests. If you fail a field sobriety test or your blood alcohol content (BAC) is above your state’s legal limit, you could be cited for DUI (Driving Under the Influence) or DWI (Driving While Intoxicated).

Is It Legal to Turn Around Before a DUI Checkpoint?

Yes. It is legal to turn around and avoid a DUI checkpoint. However, when you avoid the checkpoint, you should do so safely without violating traffic laws. For instance, you cannot make illegal U-turns, cross solid lines, or commit other traffic violations.

Although avoiding checkpoints is not illegal, any traffic violations committed while you are avoiding the checkpoint can give officers reasonable suspicion for a traffic stop. Sudden or erratic movements during a checkpoint can also draw police attention. In addition, some jurisdictions deploy saturation patrols on alternate routes where they’d expect drivers would go to avoid checkpoints.

If I Am Stopped at a Sobriety Checkpoint, Is a Police Officer Allowed to Search My Car?

Sobriety checkpoints are not normal traffic stops. They do not require police to have reasonable suspicion that a crime has been committed before making the stop.

But, the police officer still must have probable cause to search your car. Even if your state permits sobriety checkpoints, police officers cannot freely search every car they stop.

The Fourth Amendment in the U.S. Constitution protects against”unreasonable searches and seizures.”Pulling over a motorist is a type of seizure because the driver must stop and can’t leave until the officer dismisses them.

At a normal traffic stop, the police must have reasonable suspicion to stop drivers, such as seeing a traffic violation. Reasonable suspicion requires specific, observable facts that would lead a reasonable officer to suspect criminal activity is occurring, like swerving between lanes or running a red light.

If police randomly pull over a driver and happen to discover they’ve been drinking, their observations about the driver’s impairment might not be admissible.

A vehicle search requires a higher level of suspicion called probable cause. Probable cause is a higher standard, requiring stronger evidence that would lead a reasonable person to believe a crime has occurred or that evidence of a crime will be found in a specific location.

This means that to legally search your car, an officer must have reasonable grounds to believe that:

• A crime has been committed
• A crime is being committed
• Evidence of criminal activity can be found in your vehicle

In both a regular traffic stop and a sobriety checkpoint, the police can’t search or take your property without probable cause.

Can You Refuse To Go Through a DUI Checkpoint?

If you’re already at a DUI checkpoint, you must comply with a police officer‘s request to stop and provide your driver’s license. Refusing to comply can lead to an arrest and possibly even jail time.

However, checkpoints are usually highly visible. If you can safely and legally make a U-turn to avoid approaching a checkpoint, you can do so. Just be sure not to violate any traffic laws.

Your Rights at a DUI Checkpoint

At a DUI checkpoint, the rights you’d have at any other traffic stop still apply, including:

• The right to refuse a voluntary vehicle search
• The right to avoid self-incrimination
• The right to record the traffic stop on video

The officer may ask you to complete a field sobriety test, roadside breath test, or a chemical test at the station. You can refuse, but there are automatic consequences that you should consider first. The penalties depend on where you live and which test you refuse.

Most states have”implied consent“laws, meaning that by driving on public roads, you’ve already agreed to submit to chemical testing if arrested for DUI. Refusing these tests typically results in automatic license suspension, regardless of whether you’re ultimately convicted of DUI

If the police arrest you for drunk driving, you also have the right to legal representation and a fair trial.

Arrested at a DUI Checkpoint? Speaking to a DUI Attorney

Drivers often have questions about their rights regarding vehicle searches and seizures. If you or someone you know was arrested for driving under the influence, it is best to consult with a DWI or DUI lawyer. They can give you legal advice and help evaluate all the evidence presented.

A DUI defense attorney can even challenge the legality of the DUI checkpoint in some circumstances. They can craft a criminal defense to your DUI charges after a DUI arrest and can help ensure your constitutional rights aren’t violated.